Sex assault case handed to Supreme Court

Published: Wednesday, December 12, 2012 at 04:20 PM.

Just because the North Carolina Court of Appeals overturned the conviction of Wayne Anthony Huss doesn’t mean the felon is free and clear.

The decision filed by the Court of Appeals in mid-November overturned the kidnapping and sexual offense convictions against 38-year-old Huss.

Huss was sentenced to a minimum of 11 years in prison on July 1, 2011.

The decision by the Court of Appeals set in motion a multi-step process according to Lincoln County Assistant District Attorney Mica Sanderson.

The case was handed over to the N.C. Attorney General’s Office once the conviction was overturned.

The Attorney General’s Office then filed a petition to have the N.C. Supreme Court review the appellate court’s decision. It could take months before the Supreme Court will say whether or not it will review the case. If so, attorneys will prepare to argue the decision before Huss’s fate is determined.

Huss remains at Alexander Correction Institute. The Attorney General’s Office filed a request to keep him incarcerated for the time being.

Just because the North Carolina Court of Appeals overturned the conviction of Wayne Anthony Huss doesn’t mean the felon is free and clear.

The decision filed by the Court of Appeals in mid-November overturned the kidnapping and sexual offense convictions against 38-year-old Huss.

Huss was sentenced to a minimum of 11 years in prison on July 1, 2011.

The decision by the Court of Appeals set in motion a multi-step process according to Lincoln County Assistant District Attorney Mica Sanderson.

The case was handed over to the N.C. Attorney General’s Office once the conviction was overturned.

The Attorney General’s Office then filed a petition to have the N.C. Supreme Court review the appellate court’s decision. It could take months before the Supreme Court will say whether or not it will review the case. If so, attorneys will prepare to argue the decision before Huss’s fate is determined.

Huss remains at Alexander Correction Institute. The Attorney General’s Office filed a request to keep him incarcerated for the time being.

“Anthony Huss will stay in prison until the time that the Supreme Court makes that decision,” said Sanderson.

According to the Court of Appeals decision, the woman previously dated Huss. She told investigators that she met up with Huss at his house and that he bound her hands with a martial arts belt and forced himself on her.

A few days passed before the woman reported the incident, according to court documents.

Huss told investigators that the interaction was mutual and that bondage was a typical part of their relationship.

Prosecutors argued during the trial that Huss was an experienced martial arts fighter and that he outweighed the woman by 100 pounds.

The state based its case of sexual offense on the theory that the woman was physically helpless.

The appellate court reviewed the case law and determined that the woman was not “physically helpless” when the incident occurred. The sexual assault conviction was consequently reversed which also reversed the kidnapping conviction.

“However, it appears from the record that the state did present evidence sufficient to establish that defendant engaged in sexual acts with the victim by force and against her will,” the judgment states.

The state should have based its case on a statute that relies on evidence of forcible rape, court documents state.

Huss was 33 at the time of his arrest and his accuser was 25.

When Sanderson heard about the appellate court’s decision, he called Huss’s accuser. He didn’t want her finding out through news outlets.

The woman is upset and fearful of Huss’s possible release.

Sanderson said the most recent decision doesn’t mean imminent exoneration for Huss.

“I’ve encouraged her and told her it’s not over yet,” said Sanderson.

You can reach reporter Diane Turbyfill at 704-869-1817 and twitter.com/GazetteDiane.